In the case of 'seniority-cum-merit', promotion should be made irrespective of the marks obtained by the candidates in the selection process.

( 1 ) THIS appeal has been filed by the Uttar Banga Kshetriya gramin Bank (hereinafter referred to as 'bank') against the judgment of the learned Single Judge of this Court in W. P. No. 1151 (W) of 1999. It is stated that the learned Single Judge should not have allowed the writ application by quashing and setting aside the Circular dated 22nd June, 1998 and also should not have passed the direction upon the private respondents to be reverted back to their original post.

( 2 ) IT is further pleaded that the learned Single Judge should not have allowed the writ application and should not have passed the directions upon the respondents/appellants herein, to immediately initiate the selection process for giving promotion in the post of 'mmg-II'. The Bank is also aggrieved against the following directions:-

"this will, however, not preclude the Bank to retain the promotions being the private respondents in their respective promoted posts, if any, so want in such event the writ petitioner must be given appropriate pay protection respectively from the date of promotion of the private respondents and would be accommodated in MMG Scale II as and when vacancy would arise with retrospective effect from 1998, when the private respondents were promoted. "

( 3 ) IT is also pleaded by the Bank that the learned Single Judge has failed to appreciate that the criteria of 'seniority-cum-Merit' in the matter of promotion postulates that given the minimum necessary merit, requisite for efficiency of administration, the senior even though less meritorious shall have priority and a comparative assessment of merit is not required to be made. For assessing the minimum necessary merit the competent authority can lay down the minimum standard that is required and also prescribe the mode of assessment of merit of the employee who is eligible for consideration for promotion. Such assessment can be made by assigning marks on the basis of performance appraisal, on the basis of service records and interview and prescribing the minimum marks which would entitle a person to be promoted on the basis of 'seniority-cum-Merit'.

( 4 ) IT is further pleaded that the judgment of the learned Single Judge is not clear as to what was suggested by the Supreme Court of India, on the basis of which the selection process is to be conducted, It is also pleaded that the writ petition suffers from vice of estoppel by acquiescence inasmuch as the writ petitioner had participated in an earlier selection process. Having participated in the earlier selection process, the petitioner cannot now challenge the selection process. The petitioner never preferred an appeal to the management against his earlier non-selection.

( 5 ) WE have heard the learned Counsel for the parties at length.

( 6 ) FROM the pleadings of the parties it emerges that the respondent is an employee of the appellant/bank and is working as (Officer in Junior management) also called Officers Scale -. The Bank has framed uttarbanga Kshetriya Gramin Bank (Staff) Service Regulation, 1980 under section 30 of the Regional Rural Bank Act, 1976, which came into force on 7th October, 1980. The Bank has also framed Regional Rural Banks (Appointment and Promotion of Officer's and Employee's) Rules, 1988 which were published on 28th September, 1988. Rule 7 of the aforesaid rules lays down the criteria for promotion of Area Manager or Senior manager. The aforesaid rule is as follows: -

"7. Area Manager or Senior Manager (a) Source of Recruitment hundred per cent by promotion from amongst confirmed officers working in the bank Promotions will be on the basis of 'seniority-cum-Merit'. If suitable officers are not available internally, these posts could be filled by taking temporarily officers of the sponsor bank and other banks or organizations on deputation. (b) Qualifications and Eligibility. (1) A graduate of recognized University of any equivalent qualifications recognized as such by Government of In